By Lehlohonolo Lehana.
The Pretoria High Court has dismissed an application to allow the supply of basic humanitarian aid for illegal miners trapped underground in Stilfontein, North West.
The non-governmental organisation Society for the Protection of Our Constitution urgently approached the court to challenge the constitutionality of police action during an anti-illicit mining operation.
The organisation has accused the government of starving suspected illegal miners by blocking access routes that they had been using to deliver essential items, including food and water, thereby violating their right to life and dignity.
The organisation was granted an interim interdict that ordered police to allow the illegal miners to be rescued.
The matter returned on Thursday when the respondents, made up of the ministers of police, co-operative governance and traditional affairs, mineral resources and health, made their representations.
Yasmin Omar, the lawyer representing the illegal miners, accused the government of attempting to force the miners into submission or face imminent death.
“It’s not the intention of the applicant to dictate to the police how to do their job. We’re alive to the fact that there are laws governing how people must be brought to court to face justice and for law and order.
“What the applicant is contending is, having regard to that, there are various ways to get people to court and the least harsh method should be employed. The fact that the least harsh method is not being employed is a violation of the basic rights of the people underground.”
In his response on behalf of the state, advocate Bonginkosi Lukhele argued that limited aid has been provided to the miners and an alternative exit remains open.
He further argued that the trapped miners sought to prolong their stay underground.
“There are people outside who attempt to bring generators to miners who are trapped. It shows that this is a serious criminal syndicate. When the court looks at this application, it can’t look at it in the sense that its helpless miners who are down there.”
Lukhele asked the court not to bar police from executing their mandate of preventing and combatting crime, especially since illicit mining has been identified as an activity which threatens the economy and the safety of citizens.
“In my view, given the society has no expertise of its own in this area, it has not engaged an expert to put evidence on this issue before the court, and has not demonstrated the rescue efforts can and should be conducted differently. The only conclusion to be drawn is that mine rescue operations are under way and all necessary efforts are being made to rescue the miners. There are other exit avenues available to the miners to use, as there have been from the outset. The allegations made by the society have been placed in context by the respondents and have been demonstrated to be incorrect,” judge B Neukircher said in his ruling.
The National Commissioner of the SA Police Service (SAPS), Gen Fannie Masemola, welcomed the judgment.
Meanwhile a group of 14 illegal miners resurfaced from shaft 10 at the Stilfontein disused mine on Sunday night.
According to police, all the men are Mozambique nationals, and a 14-year-old boy is among them.
Police spokesperson Athlenda Mathe said they have all been arrested.
She said the miners resurfaced near a shaft from which other illegal miners have been resurfacing.
Mathe said the resurfacing proves they are not trapped but are simply refusing to resurface.
They chose to come out late at night, thinking police are not standing static. Others ran back into the shaft as soon as they noticed the police presence. This shows the two shafts are linked and no-one is trapped. They can come out but are refusing to resurface because they are avoiding arrest,” she said.
Mathe said the illegal miners confirmed there are 10 heavily armed Basotho nationals who are guarding them and forcing them to dig for gold.